KARNATAKA SILKWORM SEED, COCOON AND SILK YARN (REGULATION OF PRODUCTION, SUPPLY, DISTRIBUTION AND SALE) ACT, 1959

5 of 1960

25th February, 1960

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 29 OF 1969 Karnataka Gazette, Extraordinary, dated 1-9-1969 In order to regulate more effectively the production, supply and distribution of silkworm cocoons it is considered necessary to make provision for.- (i) the licensing of rearers; (ii) prohibiting the sale or purchase of silkworm cocoons except in the cocoon markets established under the Act; (iii) enhance penalties for certain offences; and (iv) other incidental matters. Hence this Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 33 OF 1979 Karnataka Gazette, Extraordinary, dated 1-6-1979 Since there are complaints from the sellers of the silk yarn in the State about the malpractices by the traders it is considered necessary to protect the interest of the reelers by providing for the establishment of silk exchanges in the State and for the regulation of the sale and purchase of silk yarn in the silk exchanges by amending the Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Act, 1959. 1. Substituted for the words "and Cocoon" by Act No. 33 of 1979, w.e.f. 6-11-1979 2. Substituted for the words "and distribution" by Act No. 33 of 1979, w.e.f. 6-11-1979 STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 12 OF 1980 Karnataka Gazette, Extraordinary, dated 3-3-1980 It was represented by some of the twisters that the provisions of Section 8-A of the Karnataka Silkworm Seed and Cocoon (Regulation, Production, Supply and Distribution) Act will cause hardship to them as they are required to bring the twisted silk yarn again to the silk exchange for sale. However, in the case of a trader in silk yarn he need not bring the silk yarn to the silk exchange after it is twisted for sale. According to Section 8-A it is only the twisters who purchase the silk yarn from the silk exchange for the purpose of twisting who have to bring the same again for sale to the silk exchange after it is twisted. Therefore, it is proposed to amend Section 8-A to exclude the twister from bringing the silk yarn twisted again to the silk exchange for sale. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 6 OF 1981 Karnataka Gazette, Extraordinary, dated 28-3-1981 The Karnataka Silkworm, Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, as amended from time to time, regulation, inter alia, the sale and purchase of silk yarn produced in the State and provides for the levy of a market fee on the sale and purchase of silk yarn in the silk exchange. In accordance with Section 18(2)(ha) market fee is payable by reelers, the reelers who are also twisters and 'traders'. It has been contended in some cases before the Court that the word 'trader' used in Section 18(2)(ha) of the Act gives an impression that only traders who buy silk yarn for the purpose of selling are liable for the payment of the market fee and the twisters and the weavers who are also licensed for purchase of silk yarn in the silk exchange are exempt from the payment of fees. It is considered necessary to clarify the matter by substituting the word 'trader' used in Section 18(2)(ha) by the word "licensed trader". Section 18(2)(ha) provides for the levy of market fee in the silk exchange. It is considered necessary to make a specific provision prescribing the authority empowered to levy and collect the fees. Section 18(2)(ha) empowers the Government to make rules regarding the levy of the market fee and to prescribe the rate of fee subject to the maximum indicated. Rule 17-1 of the Rules prescribed the levy of fees. The High Court of Karnataka while disposing the writ petitions filed challenging the constitutional validity of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959 upheld the validity of the Act but the Court struck down Rule 17-1 as ultra vires Section 18(2)(ha). Consequently, a new rule was framed and was brought into effect from 8th December, 1980. It is considered necessary to validate the collection of market fee during the period the struck down rules was in force by giving retrospective effect to the new Rule 17-1. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 20 OF 1984 Karnataka Gazette, Extraordinary, dated 6-2-1984 Under Section 12 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, the Director of Sericulture is vested with powers to impose penalty on persons who have contravened the provisions of Sections 3, 7, 8 and 8-A of the said Act. The Act does not provide for the mode of recovery of such penalty from such persons. It is proposed to provide for the recovery of penalty and other amount due as arrears of Land Revenue. It is also considered necessary to take power to make rules with retrospective effect. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 30 OF 1994 Karnataka Gazette, Extraordinary, dated 17-2-1994 It is considered necessary to amend the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1979.- (i) to provide for regulation of possession of silk yarn even in respect of a dyer; (ii) to authorise private institutions or organisations to take up research in, and development of silkworm races etc.; (iii) to enhance the fine; (iv) to enhance the penalty. Certain consequential amendments are also made. Hence the Bill. STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 12 OF 1997 It was considered necessary to amend the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959.- (i) to include the definition of licensed dealer to bring licensed dealers within the scope of the Act; (ii) to require licensed dealers to furnish a declaration of the quantity of silk yarn possessed by them in excess of the prescribed quantity; (iii) to make it compulsory to licensed dealer to sell or agree to sell the silk yarn purchased or brought from outside the State only in the silk exchange; (iv) to enhance the penalty imposable under Sections 12,12-B and 13. As the matter was urgent and the Karnataka Legislative Assembly was not in session the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) (Amendment) Ordinance, 1996 (Karnataka Ordinance No. 1 of 1997) was promulgated. This Bill seeks to replace the said Ordinance. Hence this Bill.

An Act to consolidate the laws providing for the regulation of the production, supply, distribution and sale of silkworm seed, cocoon and silk yarn in the State of Karnataka. Whereas, it is expedient to consolidate the laws providing for the regulation of the production, supply distribution and sale of silkworm seed cocoon and silk yarn in the State of Karnataka. Be it enacted by the Karnataka State Legislature in the Tenth Year of the Republic of India as follows.

Section 1 Short title, extent and commencement

(1) This Act may be called the Karnataka Silkworm Seed, 55. Substituted for the words "and Cocoon" by Act No. 33 of 1979, w.e.f. 6-11-1979 [Cocoon and Silk Yarn] (Regulation of Production, Supply, 66. Substituted for the words "and distribution" by Act No. 33 of 1979, w.e.f. 6-11-1979 [Distribution and Sale]) Act, 1959.

(2) It extends to the whole of the State of Karnataka.

(3) 77. Substituted for the word and figures "Section 19" by Act No. 22 of 2001, w.e.f. 29-11-2000 [Section 10 and Section 19] shall come into force at once in the whole of the State of Karnataka and the rest of this Act shall come into force at once in the areas of the State in which the Karnataka Silkworm Seed (Control of Distribution) Act, 1952, is in force. All or any of the provisions of this Act (except 88. Substituted for the word and figures "Section 19" by Act No. 22 of 2001, w.e.f. 29-11-2000 [Section 10 and Section 19]) shall come into force in such other area or areas of the State on such date or dates as the Government may by notification specify.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(a) "Cocoon" means cocoon produced by 11. Substituted for the words "mulberry silkworms" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [mulberry, tassel, muga and eri silkworms], either green or stifled, dried or in any other state or condition, but shall not include pierced cocoon;

Explanation.In this clause pierced cocoon means a cocoon from which moth has cut out;

(b) "Cocoon market" means a market established under Section 10, for the sale or purchase of cocoons of all kinds intended for reeling;

(c) "Cross-breed cocoons" means cocoons produced by rearing silkworm seeds produced by cross-breeding of two different races of silkworms;

22. Clause (c-a) inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(c-a) "Dupion silk yarn" means silk yarn reeled out of double cocoons 33. Inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [or inferior cocoons];]

44. Clause (c-b) inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [(c-b) "Dyer" means a person in charge of an establishment where silk yarn is dyed;]

(d) "Government" means the State Government;

11. Clause (e) substituted by Act No. 30 of 1994, w.e.f. 3-10-1994 [(e) "Licensing Authority" means and officer appointed by Notification by the Director of Sericulture in Karnataka for such areas and for such purposes, as may be specified in the notification;]

22. Clause (ee) inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(ee) "Licensed dealer" means a person who carries on the business of buying and selling silk yarn, either brought from outside the State or purchased in silk exchange or from a licensed trader or any other licensed dealer;]

33. Clause (f) substituted for clause (f) and Explanation by Act No. 33 of 1979, w.e.f. 6-11-1979 [(f) "Licensed trader" means a person who is licensed to purchase silk yarn in a silk exchange;]

(g) "Notification" means a notification published in the Official Gazette;

(h) "Prescribed" means prescribed by rules made under this Act;

(i) "Rearer" means a person engaged in rearing silkworms for the production of silkworm cocoons, whether for reproduction or reeling;

Explanation. In this clause "rearing" includes all operations from the incubation of silkworm eggs and brushing of silkworms to the harvesting of cocoons;

44. Clauses (i-a) and (i-b) inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(i-a) "Reeler" means a person in charge of a reeling establishment and carrying on the business of reeling cocoons;

Explanation. In this clause.

(a) "Reeling Establishment" means an establishment where silk is reeled from cocoons with the help of any machine or contrivance of any kind worked by power or without power;

(b) "Power" means any form of energy which is mechanically transmitted and is not generated by human or animal agency and includes electrical energy;

(i-b) "Silk Exchange" means a silk exchange established under Section 10A for the sale or purchase of silk yarn and includes silk stores;]

55. Clause (j) substituted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(j) "Silkworm" means mulberry, tassel, muga and eri silkworm;]

(k) "Silkworm seed" means silkworm cocoons of all kinds (except cross-breed cocoons) used for preparing seed and includes

11. Clauses (1) to (o) inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(l) "Silk Yarn", means silk reeled out of cocoons and includes twisted silk yarn, dupion silk yarn, spun silk yarn and noil silk yarn;

22. Explanation to clause (1) inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [Explanation. For the purpose of this clause, "noil silk yarn" means silk yarn spun from silk noils which is short staple residue from the dressing operation of the silk spinner.]

(m) "Spun Silk Yarn" means silk yarn spun from pierced or spoilt cocoons, fluff from cocoons, pieces of silk noils or other silk waste;

(n) "Twisted Silk Yarn" means two or more silk yarn twisted together and includes warps; and

(o) "Twister" means a person in charge of an establishment where twisted silk yarn is produced;]

33. Clause (p) inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [(p) "Weaver" means a person in charge of weaving establishment where fabrics are manufactured by using silk yarn.]

Section 3 Regulation of production, etc., of silkworm seed

No person shall produce, prepare, store, transport, sell or otherwise distribute or dispose of silkworm seed, except under and in accordance with the terms and conditions of a licence granted under this Act.

Section 4 Regulation of rearing

44. Sub-section (1) substituted by Act No. 29 of 1969, w.e.f. 22-12-1969 [(1) No person shall engage in the rearing of silkworms for the production of silkworm cocoons except under and in accordance with the terms and conditions of a licence granted under this Act.]

(2) The Government may by notification direct that in any specified area no silkworm other than silkworm of specified race shall be reared and that such silkworm shall be reared from silkworm seed obtained from specified sources. On the issue of such notification, no person shall rear m such specified area any other race of silkworm or obtain silkworm seed from any other sources.

Section 5 Regulation of possession of silkworm seed

No person shall be in possession of silkworm seed unless.

(a) he is a rearer; or

(b) be holds a licence granted under this Act; or

(c) he is authorised in writing by the prescribed officer to possess silkworm seed.

Section 5A Regulation of possession of silk yarn

11. Section 5-A inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [22. Section 5-A renumbered as sub-section (1) thereof by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(1)] No person shall be in possession of silk yarn in excess of the prescribed quantity unless he is.

(a) a reeler;

(b) a licensed trader;

33. Clause (bb) inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(bb) a licensed dealer;]

(c) a twister;

44. Clause (c-1) inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [(c-l) a dyer;]

(d) a weaver; or

(e) person authorised in writing by the prescribed officer.] 55. Inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [Different quantities may be prescribed in respect of different category of persons.]

66. Sub-section (2) inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(2) Every licenced dealer who is in possession of silk yarn in excess of the prescribed quantity shall submit a declaration in such form to such officer, in such manner and at such intervals, as may be prescribed.]

Section 6 Regulation of disposal of silkworm cocoons

No rearer shall dispose of or agree to dispose of or in pursuance of an agreement entered into, make delivery of silkworm cocoons 77. The words "for relating or for reproduction" omitted by Act No. 29 of 1969, w.e.f. 22-12-1969 [x x x x x] except to persons holding a licence under this Act.

Section 7 Regulation of sale or purchase of silkworm cocoons for reeling

11. Section 7 substituted by Act No. 29 of 1969, w.e.f. 22-12-1969 [(1) In any area in which a cocoon market is established under this Act.

(a) no rearer shall sell or agree to sell; and

(b) no person shall purchase or agree to purchase, silkworm cocoons except in such cocoon market and except in accordance with such conditions and in such manner as may be prescribed.

(2) After a cocoon market is established for any area, no person shall except in such cocoon market, use or permit the use of assist in the use, of, any building, room, tent, enclosure, vehicle, vessel or place in such area for the sale or purchase of silkworm cocoons or in any manner aid or abet the sale or purchase of silkworm cocoons.]

Section 8 Regulation of reeling

No person shall carry on the business of reeling silkworm cocoons unless he holds a licence granted under this Act.

Section 8A Regulation of sale and purchase of silk yarn, etc

After a silk exchange is established under Section 10A.

22. Section 8-A inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(1)

(a) no reeler 33. Substituted for the words "or twister" by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [or a reeler who is also a twister] shall, sell or agree to sell silk yarn reeled, or as the case may be, 44. Substituted for the words "twisted by him" by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [reeled and twisted by him];

11. Clause (b) substituted by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [(b) no person whether a licensed trader or not, shall purchase or agree to purchase silk yarn from a reeler who is also a twister, except in a silk exchange, and except in accordance with such conditions and in such manner as may be prescribed;]

22. Clause (bb) inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(bb) no licensed dealer, shall sell or agree to sell silk yarn of any origin brought or caused to be brought by him from outside the State.]

(2) no person shall, except in such silk exchange use or permit the use or assist, in the use of, any building, room, tent, enclosure, vehicle, vessel or place for the sale of silk yarn by or purchase of silk yarn from, a reeler 33. The words "or a twister" omitted by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [x x x x x] or in any manner aid or abet the sale or purchase of silk yarn.]

44. Sub-sections (3) and (4) inserted by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [(3) Nothing contained in sub-section (1) shall apply to.

(i) second and subsequent sale of silk yarn of any origin brought from outside the State;

(ii) a licensed dealer who has hundred per cent export oriented unit and imports silk yarn from outside India for the purpose of manufacture of silk fabrics and to export it outside India.

(4) No person shall carry on the business of buying and selling silk yarn brought from outside the State or purchased in a silk exchange or from a licenced trader or any other licenced dealer unless he holds a licence under this Act:

Provided that a person carrying on such business immediately before the commencement of this sub-section may continue to do so, for a period of three months from such commencement and, if he has made an application for such licence within the said period of three months, till the disposal of such application.]

Section 9 Application for licence

Every person who desires to obtain a licence under this Act shall make an application to the Licensing Authority in such form as may be prescribed.

Section 10 Regulation and distribution of silkworm seed

(1) The Government may, from time to time, by notification.

(a) specify the places at which cocoon markets, cocoon market yards and cocoon stores shall be located;

(b) appoint a Market Officer, 11. Shall be and shall be deemed always to have been inserted by Act No. 6 of 1981 [to levy and collect the market fee payable under this Act in respect of cocoons sold or purchased in the coon market], and constitute a committee consisting of two representatives of rearers, and 22. Substituted for the words "one each of licensed buyers in charge of charaka establishments and filature establishments" by Act No. 33 of 1979, w.e.f. 6-11-1979 [three representatives of reelers], with the Market Officer as Chairman, for regulating generally the procedure for the conduct of business in the cocoon market and for the performance of such functions as may be determined by the Government;

(c) specify the sericultural areas in the State to be served by each cocoon market where silkworm cocoon produced within such areas shall be sold;

(d) assign zones and markets in which 33. Substituted for the words "any licensed buyer" by Act No. 33 of 1979, w.e.f. 6-11-1979 [any reeler] may carry on his business.

(2) All transactions involving the sale or purchase of cocoons in a cocoon market shall be by open auction, the payment of the price shall be in cash and the cocoons shall be sold by weight, as required by or under the Karnataka Weights and Measures (Enforcement) Act, 1958.

Section 10A Establishment of Silk Exchange

44. Section 10-A inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(1) The Government may, by notification.

(a) specify the place or places at which the silk exchanges shall be located;

(b) appoint for each silk exchange, a Silk Market Officer 55. Shall be and shall be deemed always to have been inserted by Act No. 6 of 1981 [to levy and collect the market fee payable in respect of silk yarn sold or purchased in the silk exchange] and constitute a committee consisting of four representatives of reelers, two representatives of twisters and two representatives of traders with the Silk Market Officer as Chairman for regulating generally the procedure for the conduct of business in the silk exchange and for the performance of such functions as may be prescribed.

(2) All transactions involving sale or purchase of silk yarn in a silk exchange shall be by open auction, the payment of rice shall be in cash and the silk yarn shall be sold by metric weight.]

11. Sub-section (3) inserted by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [(3) Subject to the pleasure of the Government the members of the committees constituted under Clause'(b) of sub-section (1), shall hold office for a period of one year.]

Section 10B Research and development

22. Section 10-B inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [The Director of Sericulture in Karnataka may, subject to such conditions as may be prescribed, authorise any private institutions or organisations to take up research in, and development of silkworm races, production of cocoons and reeling of yarn.]

Section 11 Power to require information and powers of entry, inspection, seizure, etc

(1) The Director of Sericulture in Karnataka or any officer authorised in this behalf by the Government, by notification, may, with a view to securing compliance with this Act.

(a) require any person licensed under this Act to furnish such information as may be specified;

(b) inspect or cause to be inspected any return, document or account book in the possession of a person licensed under this Act;

(c) 33. The words, figures and letters "between the hours of 6 a.m. and 6 p.m." omitted by Act No. 29 of 1969, w.e.f. 22-12-1969 [x x x x x] enter and inspect any premises, land, vessel, vehicle or place of any person licensed under this Act, with a view to satisfying himself that such person is complying with the provisions of this Act or of any rule or order made thereunder or with a view to detecting the presence or otherwise of any silkworm disease;

(d) at all reasonable times enter and search any premises, land, vessel, vehicle or place wherein or in any part of which silkworm is reared or 44. Substituted for the words "silkworm or silkworm seed" by Act No. 29 of 1969, w.e.f. 22-12-1969 [silkworm, silkworm seed or 55. Substituted for the words "silkworm cocoon" by ct No. 33 of 1979, w.e.f. 6-11-1979 [cocoons or silk yarn]] is stored or is being transported and seize or authorise any person to seize any 66. Substituted for the words "silkworm or silkworm seed" by Act No. 29 of 1969, w.e.f. 22-12-1969 [silkworm, silkworm seed or 77. Substituted for the words "silkworm cocoon" by Act No. 33 of 1979, w.e.f. 6-11-1979 [cocoons or silk yarn]], including any vessel, 88. Inserted by Act No. 30 of 1994, w.e.f. 3-10-1994 [vehicle] receptacle, apparatus, package or covering in which such any 99. Substituted for the words "silkworm or silkworm seed" by Act No. 29 of 1969, w.e.f. 22-12-1969 [silkworm, silkworm 11. Substituted for the words "silkworm cocoon" by Act No. 33 of 1979, w.e.f. 6-11-1969, w.e.f. 22-12-1969 [cocoons or silk yarn]] is contained, in respect of which he has reason to believe from personal knowledge or from information given by any person and taken down by him in writing that silkworm disease has occurred or that a contravention of this Act or of any rule or order made thereunder has been or is being committed;

(e) take or cause to be taken such steps as may be considered by him expedient or necessary to prevent the spread of silkworm disease or to eradicate it, including the disinfection of any place, or disinfection or destruction of any silkworm seed or silkworm, or of any vessel, receptacle or apparatus, used in its production, preparation, storage or transport, and such other action as may be prescribed.

(2) Every owner, occupier or other person in charge of any premises, land, vessel, vehicle or place referred to in clauses (c) and (d) of sub-section (1) shall give all reasonable facilities to the officer authorised under sub-section (1) in carrying out his functions under the said sub-section.

Section 12 Penalties

(1) Any person who contravenes the provisions of Section 3 or Section 4 shall be punishable with fine which may extend to 22. Substituted for the words "one hundred rupees" by Act No. 22 of 1969, w.e.f. 22-12-1969 [ 33. Substituted for the words "two hundred" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [one thousand] rupees.]

(2) Any rearer who contravenes the provisions of 44. Substituted for the words "Section 6 or 7 or any other provision of this Act or any rule, order or notification made thereunder" by Act No. 29 of 1969, w.e.f. 22-12-1969 [Section 6 or clause (a) of sub-section (1) of Section 7], shall be punishable with fine which may extend to 55. Substituted for the words "fifty rupees" by Act No. 30 of 1994, w.e.f. 3-10-1994 [one thousand rupees].

66. Sub-section (2-A) inserted by Act No. 29 of 1969, w.e.f. 22-12-1969 [(2A) Any person who contravenes the provisions clause (b) of sub-section (1) of Section 7 or sub-section (2) of that section shall be punishable with imprisonment which may extend to three months or with fine which may extend to 77. Substituted for the words "five hundred rupees" by Act No. 30 of 1994, w.e.f. 3-10-1994 [five thousand rupees] or with both.]

88. Sub-section (2-B) inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(2B) Any person who contravenes the 99. Substituted for the words, figure and letter "provisions of Section 8-A" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [provisions of Section 5A or Section 8A] shall on conviction be punished with imprisonment for a term which may extend to three years and with fine which may extend to 1010. Substituted for the words "two thousand rupees" by Act No. 30 of 1994, w.e.f. 3-10-1994 [twenty-five thousand rupees]:

Provided that in the absence of special reasons to the contrary such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees.]

11. Sub-section (3) substituted by Act No. 29 of 1969, w.e.f. 22-12-1969 [(3) Any person who contravenes the provisions of Section 8 shall be punishable with fine which may extend to 22. Substituted for the words "two hundred and fifty" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [one thousand and five hundred.]

(4) Save as otherwise provided in 33. Substituted for the words, brackets and figures "sub-sections (1), (2) and (3)" by Act No. 29 of 1969, w.e.f. 22-12-1969 [sub-sections (1), (2), (2-A), 44. Inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(2-B)] and (3)], any person who contravenes any of the provisions of this Act or of any rule, order or notification thereunder, shall be punishable with fine which may extend to 55. Substituted for the words "two hundred and fifty rupees" by Act No. 30 of 1994, w.e.f. 3-10-1994 [66. Substituted for the words "two thousand five hundred" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [five thousand] rupees].

77. Sub-section (5) omitted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(5) x x x x x.]

Section 12A Abetment

88. Sections 12-A and 12-B inserted by Act No. 29 of 1969, w.e.f. 22-12-1969 [Whoever abets any offence punishable under this Act shall be punished with the punishment provided in this Act for such offence.

Section 12B Certain offences to be cognizable

The offences under 99. Substituted for the words, brackets, figure and letter "sub-section (2-A)" by Act No. 33 of 1979, w.e.f. 6-11-1979 [sub-sections (2-A) and (2-B)] of Section 12 shall be cognizable.]

Section 13 Suspension or cancellation of licence, forfeiture of property and penalty, etc.

1010. Section 13 substituted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(1) The Director of Sericulture in Karnataka may.

(a) without prejudice to any punishment under Section 12, after giving the person concerned a reasonable opportunity of being heard, if satisfied that such person has contravened the provisions of Section 3, Section 7, Section 8 or Section 8A, suspend or cancel the licence granted to such person;

(b) after giving the person concerned a reasonable opportunity of being heard direct that any.

(i) silkworm seed, cocoons or silk yarn or any receptacle, apparatus, package or covering containing the same or any other article in respect of which such person has contravened any of the provisions of this Act or rules made thereunder, shall be forfeited to the Government; and

(ii) such person shall pay a penalty upto 1111. Substituted for the words "five thousand rupees" by Act No. 30 of 1994, w.e.f. 3-10-1994 [1212. Substituted for the words "twenty-five thousand" by Act No. 12 of 1997 and shall be deemed to have come into force w.e.f. 6-1-1997 [fifty thousand] rupees] but not exceeding the value of the property in relation to

(2) No person on whom the penalty is imposed under sub-clause (ii) of clause (b) of sub-section (1) shall be liable for prosecution in respect of the same facts for an offence under this Act.

(3) Any person aggrieved by the order of suspension or cancellation of license, or forfeiture of property or imposition of penalty under sub-section (1) may appeal to the Sessions Judge of the District within such time, and in such manner as may be prescribed, and the decision of the Sessions Judge on such appeal shall be final.]

Section 14 Composition of offences

(1) Any offence punishable under this Act may be compounded by the Director of Sericulture in Karnataka or such other officer as may be prescribed on payment of such amount, not exceeding the amount of fine payable for such offence, as may be determined by the Director or such other officer.

(2) On the composition of an offence under sub-section (1), the person concerned, if in custody, shall be set at liberty, and if proceedings in any criminal Court have been instituted against such person in respect of the offence, the composition shall be deemed to amount to an acquittal and no further proceedings shall be taken against such person in respect of such offence.

Section 15 Court competent to try offences under this Act and cognizance of offences

(1) No Court other than the Court of Magistrate of the First Class shall take cognizance of any offence under this Act.

(2) No Court shall take cognizance of 11. Substituted for the words "any offence" by Act No. 29 of 1969, w.e.f. 22-12-1969 [an offence other than a cognizable offence] under this Act except on a compliant in writing of an officer empowered by the Government in this behalf.

Section 16 Protection of persons acting under the Act

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

Section 16A Mode of recovery of dues

22. Section 17-A inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [Any amount due to the Government under this Act, whether as fees, penalty or otherwise may, without prejudice to any other mode of collection, be recovered as an arrear of land revenue.]

Section 17 Officers to be deemed public servants

Every officer acting in pursuance of the provisions of this Act or rules or orders made thereunder shall be deemed to be a public servant within the meaning of S.21 of the Indian Penal Code, 1860.

Section 17A Establishment of Development and Price Stabilisation Fund

22. Section 17-A inserted by Act No. 33 of 1979, w.e.f. 6-11-1979 [(1) There shall be constituted in the State of Karnataka a fund called the Karnataka Silkworm Cocoon and Silk yarn Development and Price Stabilisation Fund.

(2) All moneys received by way of market fees, licence fees, or other fees or charges and all grants or contributions made by the Government shall form part of the Fund established under sub-section (1).

(3) The amount at the credit of the said fund shall not be expended except for the purpose of stabilizing the prices of cocoons and silk yarn and for the development of rearing of silkworm seed, reeling and twisting of silk yarn and matters connected therewith and such other matters as may be prescribed.]

Section 18 Power of Government to make rules

(1) The Government may subject to the condition of previous publication, by notification, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.

(a) the duties and powers of officers authoirsed to enforce the provisions of this Act and the manner of constitution of market committees and the powers and duties of such committees;

(b) the qualifications of persons who produce or prepare silkworm seed for rearing of silkworms and other persons to whom licences under this Act may be granted;

(c) the grant of licences and the imposing of conditions in respect of the same and fees for the grant of such licences;

(d) the sanitary and other conveniences that should be provided for at the production and distribution centres of silkworm seed;

(e) the grant of duplicate licences and the renewal of licences and fees for the same;

(f) appeals from any order under this Act, the authority to which such appeals shall lie, the time within which such appeals

(g) the forms of licences to be granted, returns to be submitted and accounts to be maintained under this Act;

11. Clauses (h) and (h-a) to (h-d) substituted for clause (h) by Act No. 33 of 1979, w.e.f. 6-11-1979 [(h) the market fee payable by the rearers and the reelers in respect of cocoons sold and purchased in the cocoon market, such fee not exceeding two per cent of the price of the cocoons;

(h-a) the market fee payable by the reelers, 22. Substituted for the words "traders and twisters" by Act No. 12 of 1980 and shall be deemed to have come into force w.e.f. 6-11-1979 [the reelers who are also twisters and 33. Substituted for the word "traders" by Act No. 6 of 1981 and shall be and shall be deemed always to have been substituted [licenced traders]] in respect of silk yarn sold or purchased by them in the silk exchange, such fee not exceeding two per cent of the price of silk yarn;

(h-b) amenities and facilities to be provided in the silk exchange including settlement of disputes between the sellers and purchasers of the silk yarn;

(h-c) the sitting fee and other allowances payable to the members of the committees constituted under Section 10 and Section 10A;

(h-d) matters relating to the Fund constituted under Section 17A;]

(i) the particulars to be furnished by any person of the occurrence of silkworm disease in silkworm or silkworm seed, and the steps to be taken for the prevention or eradication of such disease;

(j) generally regulating the procedure to be followed in proceedings under this Act;

(k) any other matter which may be prescribed under this Act.

44. Sub-section (2-A) inserted by Act No. 20 of 1984 and shall be deemed to have come into force w.e.f. 2-12-1983 [(2A) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both the Houses of the State Legislature subject to any modification made under sub-section (3) it shall have effect as if enacted in this Act.]

(3) All rules made under this Act shall be laid as soon as may be after they are made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of the said period, either House of the State Legislature makes any modification in any rule or directs that any rule shall not have effect and if the modification or direction is agreed to by the other House, the said rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 19 Repeal and savings

The Karnataka Silkworm Diseases Control Act, 1943 (Karnataka Act VIII of 1943) and the Karnataka Silkworm Seed (Control of Distribution) Act, 1952 (Karnataka Act XXXIII of 1952) as in force in the Mysore Area except Bellary District, the Madras Silkworm Diseases (Prevention and Eradication) Act, 1948 (Madras Act II of 1948) as in force in the Bellary District and the Madras Silkworm Diseases (Prevention and Eradication) Act, 1948 (Madras Act II of 1948) and the Madras Silkworm Seed (Production, Supply and Distribution) Act, 1956 (Madras Act XXIII of 1956) as in force in the Madras Area, are hereby repealed:

Provided that such repeal shall not affect.

(a) the previous operation of the said enactments or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as a foresaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:

Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule framed) under the repealed enactments, so far as they are consistent with the provisions of this Act shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue until superseded by anything done or any action taken under this Act.

RULE:

KARNATAKA SILKWORM SEED, COCOON AND SILK YARN (REGULATION OF PRODUCTION, SUPPLY, ISTRIBUTION AND SALE) RULES, 1960

In exercise of the powers conferred by Section 18 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959 (Karnataka Act 5 of 1960), the Government of Karnataka hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, by Notification No. CI 41 SAD 60, dated the 5th May, 1960 in Part IV, Section 2-C of the Karnataka Gazette, dated the 12th May, 1960

CHAPTER 1 Preliminary

Rule Title Repeal and savings

55. Substituted for the words "and cocoon" by GSR363, dated 20-12-1979, w.e.f. 20-12-1979 66. Substituted for the words "and distribution" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979

Rule 2 Definitions

In these rules, unless the context otherwise requires.-

77. Clause (a) substituted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [(a) "Act" means the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959;]

(b) "Chawki" means young silkworms hatched from silkworm eggs and reared until the worms pass the first or the second moult;

(c) "Chawki rearer" means a person rearing chawki;

(d) "Department" means the Department of Sericulture;

(e) "Director" means the Director of Sericulture;

(f) "Disease free laying" or "disease free seed" means silkworm eggs which are free from pebrine disease;

(g) "Grainage" means a place or premises where disease free silkworm seed is prepared;

(h) "Officer" means an officer of the Department specially authorised by the Director to perform the functions of the officer under these rules;

(i) "Seed preparer" means a person engaged in the preparation, distribution or disposal of silkworm eggs used for purposes of rearing silkworms;

(j) "Seed rearer" means a rearer engaged in the rearing of silkworms for the production of silkworm cocoons for purposes of reproduction.

11. Clause (k) inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [(k) "Section" means a section of the Act.]

CHAPTER 2 Regulation of production etc., of silkworm seed and cocoon

22. Inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979

Rule 3 Restriction on rearing silkworms

(1) No person shall rear silkworms from silkworm seed other than silkworm seed obtained from a seed preparer licensed under these rules.

(2) A person who has obtained silkworm seed from a licensed seed preparer, shall preserve the bill and the egg sheets issued by the licensed seed preparer in respect of the silkworm seed supplied by such seed preparer and shall when so required by the officer, produce them before him.

Rule 4 Applications for grant of licence

(1) A Chawki rearer, seed preparer 33. Sub-rule (4-A) substituted by GSR 352, dated 8-12-1980, w.e.f. 8-12-1980 [rearer] or seed rearer shall submit to the Licensing Authority an application in Form 1.

(2) An application for a licence under Section 8 shall be made to the Licensing Authority in Form 2.

44. Substituted for the words "succeeding year" by GSR 111, dated 24/27-4-1981, w.e.f. 7-5-1981 (3) An application for a licence to purchase silkworm cocoons for the purpose of reeling shall be made to the Licensing Authority in Form 2-A.

Rule 5 Grant of Licence

(1) The Licensing Authority may, if it is satisfied that the applicant for a licence to be a seed preparer is eligible for the grant of licence, and taking into consideration the number of seed preparers serving the area in which the applicant proposes to engage in seed preparation and the needs of the area, grant him a licence, in Form 3, or refuse the grant of a licence.

11. Sub-rule (1-A) inserted by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 (1A) The Licensing Authority may if it is satisfied that the applicant for the grant of a licence to be a rearer is eligible for the grant of a licence, grant him a licence in Form 4-A.

(2) The Licensing Authority may if it is satisfied that the applicant for a licence to be a seed rearer is eligible for the grant of a licence, grant him a licence in Form 4.

(3) The Licensing Authority may if it is satisfied that the applicant for a licence to be a chawki rearer has sufficient experience of rearing chawki, grant him a licence in Form 5.

(4) The Licensing Authority may if it is satisfied that the person who wishes to carry on the business of reeling silkworm cocoons is in charge of a charka establishment or filature establishment and has sufficient experience of reeling silkworm cocoons grant him a licence in Form 6.

22. Sub-rules (4-A) and (5) substituted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 33. Sub-rule (4-A) substituted by GSR 352, dated 8-12-1980, w.e.f. 8-12-1980 (4A) The Licensing Authority may grant the applicant a licence' to purchase silk worm cocoons only where it is satisfied.-

(a) that such purchase is for the purposes of reeling; and

(b) such applicant possesses a licence granted under sub-rule (4). The licence granted under this sub-rule for such purchase shall be in Form 6-A.

(5) A Licence granted under this Chapter shall.-

(i) be entered in the register in Form 6-B.

(ii) remain in force upto 31st March of the 44. Substituted for the words "succeeding year" by GSR 111, dated 24/27-4-1981, w.e.f. 7-5-1981 [official year]:

Provided that all licences granted or renewed, immediately before the commencement of the Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) (Amendment) Rules, 1979, shall remain in force 55. Substituted for the words "for a period of one year from the date of such grant or renewal" by GSR 111, dated 24/27-4-1981, w.e.f. 7-5-1981(S. Second and Third provisos inserted by GSR 112, dated 21-4-1984, w.e.f. 21-4-1984 [till 31st March of the official year:]

[Provided further that all licences granted or renewed under sub-rules (4) and (4-A) shall remain in force for a period of three years from the date of such grant or renewal:

Provided also that the licence granted or renewed under sub-rules (4) and (4A) in the middle of an official year shall expire on 31st March of the official year next after the lapse of two years from the date of such grant or renewal.

(6) Where the grant or renewal of a licence is refused, the Licensing Authority shall communicate the order of refusal along with the reasons therefor, to the applicant by registered post 1[by delivering it to the applicant.

Rule 6 Fee for grant or renewal of licence

22. Rule 6 substituted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 A licence may be granted or renewed under this Chapter on payment of the fee specified in the Table below:

Rule 7 Renewal of licence

(1) A licence may on application and on the Licensing Authority being satisfied that the applicant continues to satisfy the conditions of grant of the licence, be renewed by the Licensing Authority. If the Licensing Authority after such inquiry as he deems fit and after giving an opportunity to the applicant to be heard is satisfied that the licensee has contravened any condition of the licence granted or renewed in respect of the preceding 44. Substituted tor the word "year" by GSR 112, dated 21-4-1984, w.e.f. 21-4-1984 [period], refuse the renewal of the licence.

(2) Every application for the renewal of a licence shall be in [Forms 1, 2 or 2-A], as the case may be, and shall be made not less than two months before the date on which the licence expires, and if the application is so made the applicant shall be deemed to be duly licensed until such date as the Licensing Authority renews the licence.

66. Sub-rule (3) substituted by GSR 32, dated 12-3-1982, w.e.f. 18-3-1982 [(3) Notwithstanding anything in Rule 6 or in sub-rule (2) where an application for renewal of licence is made after the time specified in sub-rule (2) but not less than thirty days before the date on which the

Rule 8 Procedure on death of licensee

If a licensee dies, the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for a licence in his own name.

Rule 9 Loss of licence

Where a licence granted under these rules is lost or accidentally destroyed or mutilated, a duplicate licence may be granted on payment of a fee of 11. Substituted for the letters and figure "Rs. 2" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 one rupee.

Rule 10 Payment of fees

22. Sub-rule (1) substituted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [(1) Every application for grant or renewal of licence under this Chapter shall be accompanied by.-

(a) a treasury challan for having deposited the licence fee under the heard of account "Sericulture receipts"; or

(b) a cash receipt for having paid the licence fee in the office of the Licensing Authority; at the rate specified in Rule 6.

(2) If an application for the grant or renewal of a licence is rejected the fee paid shall be refunded to the applicant.

Rule 11 Qualifications of seed preparer, seed rearers and reeler

33. Substituted for the words "seed preparer and seed rearers" by Notification No. CI 137 SAD 60, dated 11-12-1962 44. Substituted for the words "licensed buyers" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979

(1) A person will be eligible for the grant of licence to be a seed preparer if he possesses the following qualifications, namely.-

(a)

(i) He should hold a certificate granted by the Director of having undergone training in the technique of grainage in a Government Grainage for a period of not less than six months; or

(ii) He must have been an aided graineur prior to the coming into force of S.3 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959; or

(iii) He must have been a seed preparer running an unaided grainage for a period of not less than two years before the coming into force of Section 3 of the Act and should have undergone a refresher course for a period of two months in any Government Grainage or should be ready to undergo and complete two months training within a period of six months after the licence is granted; or (iv) In the case of a Sericultural Co-operative Society approved by the Director, the person or persons employed by the Society for

(b) The person or persons concerned should have sufficient experience of rearing of pure foreign races of silkworms or should possess adequate facilities for getting continuous supply of foreign races of seed cocoons.

(2) A person will be eligible for the grant of a licence to be a seed rearer if he possess the following qualifications, namely.-

(a) The person concerned should be in possession of a well-maintained Mulberry garden, a disinfectable rearing apartment and of rearing appliances, such as, stands, trays, chopping knives 11. Substituted for the words "and chopping boards" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 chopping boards and chandrikes to suit, and

(b)

(i) He should be an experienced silkworm seed rearer knowing all the details of silkworm rearing; or

(ii) In the case of a Sericultural Co-operative Society approved by the Director, the person or persons employed by the society should be an experienced silkworm seed rearer knowing all the details of silkworm rearing.

22. Sub-rule (3) as added by Notification No. CI 137 SAD 60, dated 11-12-1962, omitted by GSR 352, dated 8-12-1980, w.e.f. 8-12-1980 (3) x x x x x.]

Rule 12 Conditions to be complied with by licensed seed preparers

Every licensed seed preparer shall comply with the following conditions, namely.--

(a) He shall prepare disease free layings only from the pure Mysore Silk Seed Cocoons purchased from licensed seed rearer through an officer and Foreign Race Seed Cocoons got from seed rearers, and in respect of pure Karnataka seed cocoons purchased by him, the seed preparer shall preserve the certificate issued in Form 7 by the officer through whom the seed cocoons were purchased.

(b) He shall prepare disease free silkworm seed in accordance with which methods as the Director may from time to time notify in the Karnataka Gazette.

33. Clause (bb) inserted by GSR 127, dated 18-5-1981, w.e.f. 21-5-1981 (bb) He shall possess such equipments as may be specified by the Director from time to time for preparation of silkworm layings at the licensed grainages.

(c) He shall sell the disease free layings only in the area mentioned in the licence.

(d) He shall maintain a record of the results of the rearings from the seed issued from his grainage. He shall inspect the rearings from the seed distributed by him when required by the silkworm rearer to whom seeds have been issued and record the results of such inspections. He shall also furnish such information in his possession about the conditions of the crops and yields at such time and to such officer as the Director may require.

(e) He shall maintain regular accounts in Forms 8, 9 and 10.

(f) He shall if so required by the Director or any officer authorised by the Director produce the accounts for inspection.

(g) He shall submit periodical returns in Form 11 within such time as the Director may require.

(h) He shall give intimation in writing to the nearest officer of the probable dates of receipt of seed cocoons along with the dates of spinning of such seed cocoons by the silkworms, the probable dates of emergence of the moths from such seed cocoons and the probable dates of testing of the moths, which have emerged from such seed cocoons, and such intimation shall be given so as to reach the officer concerned at least three days before the probable dates of receipt of such seed cocoons, the probable dates of emergence of moths and the probable dates of testing of the moths, as the case may be.

(i) He shall get the moths examined after they have laid eggs, by an officer authorised by the Director, and shall not, subject to the decision under Rule 15, distribute any lot of eggs, other than those certified by such officer to be disease free. He shall destroy such lots of eggs as are not certified to be disease free in the presence of an officer not below the rank of a Sericultural Demonstrator.

(j) He shall not change the location of the grainage except with the previous approval of the Director or other officer authorised by the Director.

11. Clauses (k) and (1) substituted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 (k) He shall buy foreign race cocoons or bivoltine seed cocoons from a seed market identified in the areas notified by the Director from time to time.

(i) He shall prepare and distribute a minimum of fifty thousand disease free layings in a financial year.

Rule 12A Conditions to be complied with by a licensed rearer

22. Rule 12-A inserted by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 A licensed rearer shall.-

(a) rear silkworm seed purchased from a licensed seed preparer or chawki worms purchased from a licensed chawki rearer;

(b) preserve egg sheets of each lot of disease free layings supplied to him after brushing the worms till the crop of that particular lot is completed and the cocoons are disposed of;

(c) preserve bills issued by the licensed seed preparer or the licensed chawki rearer towards the purchase of silkworm eggs or chawki worms as the case may be, for a period of three months from the date of issue of the bill;

(d) undertake disinfection of his rearing apartment and rearing appliances as and when becomes necessary.

Rule 13 Conditions to be complied with by a licensed seed rearer

Every licensed seed rearer shall comply with the following conditions, namely.-

(a) He shall rear pure race silkworm seed obtained from Government Grainages or by any other source approved by the Director. The egg sheets of each lot of disease free layings supplied to him should be preserved by him after brushing the worms till the crop of that particular lot is completed and the cocoons are disposed of.

(b) He shall not transfer worms during the course of rearing from one place to another or from one person to another without the permission of the officer.

(c) He shall comply with the instructions given from time to time by the officers in the rearing of silkworms and permit them to inspect the rearings and take worms for testing at every stage.

(d) He shall allow the silkworms to spin on the mountages and harvest the cocoons after the worms inside have crossed the larval stage. He shall on no account retain cocoons for more than four days after harvest without the written permission of the officer.

(e) He shall allow the officers to disinfect the rearing apartment and the appliance if found necessary and afford all facilities for disinfection.

Rule 14 Conditions to be complied with by chawki rearers

Every chawki rearer shall comply with the following conditions, namely.-

(i) He shall use only disease free silkworm layings prepared by a licensed seed preparer and shall on demand by an officer not below the rank of Sericultural Demonstrator, produce the evidence mentioned in sub-rule (2) of Rule 3.

(ii) He shall maintain a register in Form 12 which he shall, if so required by an officer, produce for inspection.

Rule 14A Conditions to be complied with by reeler

11. Rule 14-A inserted by Notification No. CI 137 SAD 60, dated 11-12-1962 22. Substituted for the words "licensed buyer" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 Every 33. Substituted for the words "licensed buyer" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [reeler] shall comply with the following conditions, namely.-

(i) He or the agents authorised by him and approved by the Licensing Authority shall operate only in the cocoon market or markets 44. Substituted for the words "allotted to him" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 [of the zone specified] in the licence.

(ii) He shall not remove cocoons acquired by him to any area 55. Substituted for the words and figures "in which Sections 6, 7 and 8 are not in force" by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 [outside the cocoon market], unless covered by a permit issued in Form 7-A.

(iii) The 66. Substituted for the words "licensed buyer" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [reeler] or in his absence his authorised agent approved by the licensing Authority shall only bid in the Market or Markets 77. Substituted for the words "allotted to the licensee" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 [of the zone specified in the licence].

(iv) The 88. Substituted for the words "licensed buyer" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [reeler] or his authorised agent approved by the Licensing authority shall abide by the conditions laid down for transaction involving sale or purchase of cocoons in the cocoon market.

(v) He shall not acguire cocoons otherwise than by purchase in the cocoon market 99. Substituted for the words "allotted to him" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 [of the zone specified in the licence].

(vi) He shall maintain true and correct accounts relating to the purchase of cocoons in the cocoon market and its disposal 1010. Inserted by GSR 112, dated 21-4-1984, w.e.f. 21-4-1984 [if he has more than two charakas].

(vii) He shall, if so required by an officer produce the accounts for inspection.

Rule 14B Conditions and manner governing transactions relating to sale or purchase of silkworm cocoons in a cocoon market.

1111. Rule 14-B inserted by GSR 184, dated 18-6-1970, w.e.f. 25-6-1970

(1) No rearer shall sell or agree to sell silkworm cocoons in a cocoon market established under the Act except in accordance with the following conditions and in the manner laid down hereunder.-

(a) no rearer shall sell or agree to sell silkworm cocoons of any kind Bother than silkworm cocoons of the kind permitted to be sold in the cocoon market;

(b) only a rearer or any agent authorised by him in writing shall transact business in the cocoon market;

(c) a rearer shall not carry on any business transaction relating to sale of silkworm cocoons except in accordance with the conditions under which he is permitted to do so;

(d) a rearer shall maintain true and correct accounts relating to sale of silkworm cocoons in the cocoon market either by himself or by his agent; and

(e) a rearer or his agent shall if so required by an officer produce his accounts for inspection.

(2) No person shall purchase or agree to purchase silkworm cocoons in a cocoon market established under the Act except in accordance with the following conditions and in the manner laid down hereunder.-

(a) no person shall purchase or agree to purchase silkworm cocoons of any kind other than silkworm cocoons of the kind permitted to be sold in the cocoon market;

(b) no person other than a person permitted by the licensing authority or his authorised agent shall transact business relating to silkworm cocoons in a cocoon market;

(c) a person shall not carry on any business transactions relating to purchase of silkworm cocoons in a cocoon market except in accordance with the conditions under which he is permitted to do so;

11. Clause (d) of sub-rule (2) omitted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 (d) xxxxx;

(e) every person 22. Inserted by GSR 112, dated 21-4-1984, w.e.f. 21-4-1984 [other than a reeler having two or less than two charakas] who carries out any transaction relating to purchase of silkworm cocoons in cocoon market shall maintain true and correct accounts relating to purchase of silkworm cocoons in a cocoon market made by himself or on his behalf in Form 18; and

(f) every person who transacts any business relating to purchase of silkworm cocoons shall, if so required by an officer produce his accounts and receipts for inspection.

Rule 15 Further examination to determine whether eggs are diseased

Any seed preparer who is not satisfied with the decision of the officer referred to in condition (i) of Rule 11 may make an application, 33. The words "along with a fee of five rupees" omitted by GSR 100, dated 7-2-2000, w.e.f. 9-4-1970 [xxxxx], to the officer of the Department immediately superior to the officer who conducted the examination of the moth, and thereupon the said officer or any other officer not below the rank of an Inspector shall conduct a further examination, and give his decision. If the layings under preparation are declared to be disease free after such examination, the officer concerned shall issue a certificate to that effect, 44. The words "and the fee paid for the further examination shall be refunded to the applicant" omitted by GSR 100, dated 7-2-2000, w.e.f. 9-4-1970 [x x x x x].

Rule 15A Sanitary and other conveniences that should be provided for at the production and distribution centres of silkworm seed

11. Rule 15-A inserted by Notification No. CI137 SAD 60, dated 11-12-1962 Every seed production and distribution centre shall be provided with the following sanitary and other conveniences.-

(i) the building in which production and distribution centre is located shall have at least two rooms.

(ii) separate rooms shall be provided for the preservation of the seed cocoons, for the pairing of moths and moth examination.

(iii) the room provided for moth examination shall have washing facilities with running water. It shall also have proper windows to allow sufficient light into the room for purposes of microscope examination.

(iv) waste water from the grainage should not be allowed to run to the field and such water shall be allowed to run into a soakpit constructed for the purpose and the soakpit shall be cleared frequently.

(v) proper precautions shall be taken by making arrangements to preserve pairing moths and seed cocoons from rat, squirrels, and birds.

(vi) the rooms shall be kept clean and tidy.

(vii) moths shall not be thrown on the floor.

(viii) moths not required in the seed preparation shall be collected in a vessel and removed from the Centre and burried as far as possible from the Centre.

(ix) the Seed Production Centre and Grainage appliances shall be disinfected with 2 per cent formaline solution at least once in three months. When occurrence of any disease is noticed the appliances and the Centre shall be disinfected immediately.

Rule 15B Officer who can authorise possession of silkworm seed

22. Existing Rule 15-AA as inserted by Notification No. CI 38 SAD 61, dated 19/20-6-1963 renumbered as Rule 15-B which is substituted by GSR 234, dated 16-5-1967 The Director of Sericulture or any other Gazetted Officer of the Department of Sericulture within his jurisdiction shall be the Officer for authorising for purposes of 33. Substituted for the word and figure "Section 5" by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 [clause (c) of Section 5] and such authorisation shall be in Form 14.

Rule 16 Market Committees

(1) The representatives of rearers and 44. Substituted for the words "licensed buyer" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [reeler] on a Market Committee shall be nominated by the Government.

(2) The term of office of every member of the Market committee shall be three years from the date of the constitution of the Committee, unless he ceases to be a member due to death, resignation or removal.

(3) If in the opinion of the Government any member of a Market Committee persistently makes default in the performance of the duties imposed on him, the Government, may, after giving him an opportunity to show cause why he should not be removed from membership of the Committee, by order, remove such member.

(4) If any vacancy arises in the office of any member of a Market Committee by death, resignation or removal, the vacancy shall be filled by the Government in the manner specified in sub-rule (1) and the person nominated shall hold office only so long as the member in whose place he has been nominated would have held office if the vacancy had not occurred.

(5) If in the opinion of the Government a Market Committee is not competent to perform or persistently makes default in the performance of the duties imposed on it, the Government may by notification dissolve such Market Committee and may reconstitute the Market Committee in accordance with sub-rule (1).

11. Sub-rule (6) substituted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 (6) Every rearer and reeler shall in respect of cocoons sold or purchased in the cocoon market pay a fee at the rate of one per cent on the value of the cocoons sold or purchased, as the case may be.

22. Sub-rules (7) and (8) inserted by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 (7) Every licensed buyer shall enter in his stock book the number and date of the receipt issued for the market fee paid by him on the cocoons purchased by him.

(8) Every silkworm rearer shall preserve for a period of one month, the certificate issued to him under sub-rule (6) of Rule 17. He shall produce the same if demanded within the said period by the Inspecting Officer of the Department of Sericulture.

Rule 17 Powers and duties of Market Committees

(1) It shall be the duty of the Market Committee to ensure fair trading and prompt payment in all transactions conducted in the market. It shall get the cocoons weighed and conduct the open auction under sub-section (2) of S.10 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959.

(2) The Market Officer shall conduct all correspondence and sign all documents on behalf of the Committee. The servants of the Committee shall subject to the orders of the Committee, be under his control. He shall be responsible for the keeping of accounts, for the punctual and regular rendering of all reports and returns and for the custody of all moneys, not deposited in the treasury, and shall be the Chief Executive Officer of the Committee.

(3) All the cocoons brought to the market for sale by a rearer shall be arranged in lots, and separate lot numbers shall be given for each lot.

(4) The Market Committee shall keep the market open for transaction of business at such hours as the Committee may from time to time fix, provided that it shall not open the market before 8 a.m. or keep the market open after 33. Substituted for the figure and letters "6 p.m." by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [8 p.m.] on any day.

(5)

(a) In respect of every sale by open auction, the person offering cocoons for sale may specify the minimum rate at which he is willing to sell the cocoons, and when such minimum rate has been specified, the Market Committee shall not accept at the auction any bid below such minimum rate.

(b) When an auction is not completed on account of the highest bid being below the minimum rate specified by the person offering the cocoons for sale, a second auction may be held by the Market Committee, and no bid below such minimum rate as such person may specify in respect of such second auction shall be accepted in such second auction.

(c) When an auction is not completed either under clause (a) or clause (b), if the person offering the cocoons for sale agrees to the sale of such cocoons without fixing any minimum rate, the Market Committee may hold a third auction and accept the highest bid in such third auction.

(d) The time at which open auction of any lot of cocoons shall be held shall be determined by the Market Committee with the approval of the person offering such lot of cocoons for sale.

(6) Where adequate storage accommodation is available in the market, the Market Committee may permit storage in the market of cocoons not disposed of on any day before the market is closed. Before taking any lot of cocoons for such storage, it shall be weighed and a receipt 1[in Form 15] in respect of such lot indicating therein the lot number and the weight of the lot, shall be issued to the rearer concerned. Such cocoons shall, subject to such reduction in weight on account of driage in accondance with such scale as the Director may specify, be delivered to the rearer on the next working day.

(7) A register in Form 13 shall be maintained by the Market Committee and every transaction shall be recorded in the said register.

22. Sub-rules (8) and (9) inserted by GSR 100, dated 7-2-1970, w.e.f. 9-4-1970 (8) The Market Officer shall issue a certificate in Form 16 to the person who has sold the cocoons in the said market.

(9) The Market Officer shall issue a cash receipt in Form 17 of the market fee collected from every buyer of cocoons.

CHAPTER 3 Regulation of Sale and Purchase of Silk Yarn

33. Chapter III and Rules 17-A to 17-J inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979

Rule 17A Officer to authorise for possession of silk yarn, etc.

(1) For the purpose of Section 5-A.-

(a) the prescribed officer shall be the Director of Sericulture, Joint Director of Sericulture, Deputy Director of Sericulture or Assistant Director of Sericulture in the State of Karnataka;

(b) the prescribed quantity of silk yarn shall be one kilogram.

(2) Any person who is in possession of silk yarn immediately prior to the commencement of the Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) (Amendment) Rules, 1979 shall, within a period of one month from such commencement, submit a declaration of the quantity of silk yarn in his possession in Form 17-A to the Director of Sericulture.

Rule 17B Application for the grant of licence as a trader

(1) Every application for the grant of a licence to purchase silk yarn in the silk exchange shall be made to the Licensing Authority in Form 17-B and shall be accompanied by a fee of 11. Substituted for the words "rupees ten" by GSR 316, dated 15-4-1986, w.e.f. 11-12-1986. [rupees 22. Substituted for the word "fifty" by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [one thousand]].

(2) On receipt of such application, the Licensing Authority shall enter the same in the register in Form 17-C.

(3) The Licensing Authority after making such enquiries as it may consider necessary and subject to the conditions specified in Rule 17-D may, if it finds no grounds to refuse the licence, grant a licence in Form 17-D.

(4) A licence granted under sub-rule (3) shall,-

(a) be entered in the register in Form 17-E;

(b) remain in force upto 31st March of the succeeding year.

Rule 17C Renewal of licence

(1) Every application for renewal of licence shall be in Form 17-F and be accompanied by a fee of 33. Substituted for the words "rupees ten" by GSR 316, dated 15-4-1986, w.e.f. 11-12-1986. [rupees 55. Sub-rule (2) substituted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [five hundred]] and shall be made not less than two months before the date on which the licence expires and if the application is so made, the applicant shall be deemed to be duly licensed until such date as the Licensing Authority renews the licence.

55. Sub-rule (2) substituted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 (2) If the application for renewal of a licence is not made within the time specified in sub-rule (1) and where an application for renewal of licence is made after the time specified in sub-rule (1) but not less than thirty days before the date on which the licence expires, the licence may be renewed on payment of a fee of twenty-five per cent in excess of the fee payable for the grant of the licence. When an application is so made, the applicant shall be deem to be duly licenced until such date as the licensing authority disposes of the application.

(3) If the Licensing Authority is satisfied that the applicant continues to satisfy the conditions for the grant of licence, the licence may be renewed. If the Licensing Authority, after such enquiry as it deems fit and after giving an opportunity to the applicant to be heard, is satisfied that the Licensee has contravened any condition of the licence granted or renewed in respect of the preceding year, refuse the renewal of the licence.

Rule 17D Conditions for granting a licence

(1) No person shall be granted or renewed a licence to operate as a Licensed Trader in a Silk Exchange unless the Licensing Authority is satisfied after such enquiry as it deems fit that the person.-

11. Clause (a) of sub-rule (1) omitted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 [(a) x x x x x;]

(b) is a major; and

(c)

(i) is a trader in silk yarn; or

(ii) is a twister in silk yarn; or

(iii) is a weaver in silk yarn.

(2) The Licensing Authority may revoke the licence granted or renewed to operate as licensed trader in silk exchange, if after such enquiry, it is satisfied that.-

(a) he has been convicted for an offence punishable under Section 8-A and such conviction not having been subsequently set aside:

Provided that this disqualification shall cease to operate after the expiry of three years from the date of such conviction.

(b) he has not complied with the conditions of licence laid down in these rules;

(c) he has not transacted any business in the silk exchange during the period of his licence; 22. The word "and" omitted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 [x x x x x]

(d) he is not a bonafide.-

(i) trader in silk yarn;

(ii) twister in silk yarn; or

(iii) weaver in silk yarn:

33. Proviso inserted by GSR 353, dated 8-12-1980, w.e.f 8-12-1980 [Provided that revocation of the licence under this sub-clause shall not be a bar for grant of a fresh licence.]

44. Sub-rule (3) inserted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 (3) A representative of a licenced trader shall not be allowed to be representative of another trader.

Rule 17E Maintenance of accounts, etc

(1) Every licensed trader shall maintain true and correct accounts relating to the purchase of silk yarn in a silk exchange, daily stocks and its disposal in Form 17-G.

55. Sub-rule (2) of Rule 17-E omitted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 (2) x x x x x.

Rule 17F Storage of silk yarn

(1) No licensed trader shall store silk yarn in any godown or building or any other place, which is not so registered in the office of the Licensing Authority.

11. Sub-rule (2) of Rule 17-F omitted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 (2)xxxxx.

(3) A godown or building or any other place where silk yarn is stored shall be kept open for the inspection by the Licensing Authority or any other officer authorised by it in this behalf.

Rule 17G Regulation of trading in silk exchange

(1) The silk exchange shall be opened for trading on all days except on holidays between 9 a.m. and 6 p.m.

(2) The silk market committee may arrange for testing and grading of silk yarn brought for sale to the silk exchange.

(3) No person other than the licensed trader or his representative specified in the licence shall operate in the silk exchange.

(4) The silk yarn brought for sale shall be divided into convenient lots and a card in Form 17-J shall be placed on each such lot.

(5) It is the responsibility of the licensed trader or his representative to examine the silk yarn put up for sale before the auction starts.

(6) The auction shall be conducted under the supervision of an officer authorised by the Silk Market Officer for the purpose.

(7) The highest bid offered by the licensed trader at open auction and at which the reeler or a reeler who is also a twister of the silk yarn gives his consent to sell the silk yarn by affixing his signature in Form 17-J shall be the sale price of the silk yarn and the licensed trader shall be deemed to have purchased the silk yarn at that price and he shall have no right to retract from it.

(8) As soon as an auction of a lot is over, the officer supervising the auction shall obtain the signature of both the licensed trader and the reeler or the reeler who is also the twister, as the case may be or their representatives present at the spot in the book maintained for that purpose.

(9) The reeler and the licensed trader shall produce the reeling licence, or the trader's licence, as the case may be, when demanded by the Silk Market Officer or the officer supervising the auction.

(10) The officer authorised by the Silk Market Officer in this behalf shall be responsible for getting the silk yarn weighed immediately after the auction.

(11) The licensed trader shall, immediately after it is weighed, pay in cash the value of the silk yarn to the seller through Silk Market Officer or any other officer authorised by him in this behalf.

Rule 17H Accounts of sales to be maintained

There shall be maintained a regular and proper accounts of all silk yarn brought to the silk exchange for sale.

Rule 17I Levy of Market fee

22. Rule 17-1 substituted by GSR 353, dated 8-12-1980, w.e.f. 8-12-1980 Every.-

11. Clauses (a) and (b) of Rule 17-1 omitted by GSR 299, dated 26-12-1983, w.e.f. 27-12-1983 [(a) x x x x x;

(b) x x x x x;]

(c) licenced trader who purchases silk yarn in a silk exchange shall 22. The word "each" omitted by GSR 299, dated 26-12-1983, w.e.f. 27-12-1983 [x x x x x] pay a market fee at the rate of 33. Substituted for the words "one per cent" by GSR 53, dated 27-3-1991, w.e.f. 1-4-1991 [two per cent] of the price of silk yarn sold or purchased;]

44. Clause (d) added by GSR 96, dated 7-4-1988, w.e.f. 18-4-1988 (d) The Silk Market Officer shall issue a cash Form 17-K, for the market fee collected from every licensed trader. Provided that where such or any transaction is computerised, the cash receipt shall be in Form 17-L forming part of auction card generated by the computer.

CHAPTER 4 Miscellaneous

Rule 17J Constitution of Development and Price Stabilization Fund Authority

55. Rule 17-J substituted by GSR 63, dated 7-3-1984, w.e.f. 7-3-1984

(1) There shall be constituted in the State of Karnataka for the purpose of administering the fund constituted under Section 17-A an authority called the Karnataka Silkworm Seed, Cocoon and Silk Yarn Development and Price Stabilization Fund Authority (hereinafter referred to as the Fund Authority) consisting of.-

(a) The Director of Sericulture Chairman

(b) A representative of Commerce and Member Industries Department not below the rank of Deputy Secretary nominated by the Government

(c) A representative of the Planning Member Department, not below the rank of a Deputy Secretary nominated by the Government

(d) A representative of the Finance Department, Member not below the rank of a Deputy Secretary nominated by the Government

(e) The Managing Director, Karnataka Silk Member Marketing Board Limited

(f) The Joint Director of Sericulture, Cocoon MemberMarkets and Reeling, Office of the Director of Sericulture, Bangalore

(g) Silk Market Officer, Silk Exchange Office, Member-Bangalore Secretary

(2) Save as otherwise provided in these rules amount at the credit of the Fund Authority may be kept or invested in.-

(a) Deposit in Government Treasury;

(b) Government Savings Bank;

(c) a Scheduled Bank or a branch thereof at the town where the office of the Market is located;

(d) any of the Central or State Government securities.

(3) The Chairman and the Member-Secretary shall jointly operate the amount at the credit of the Fund Authority:

11. Proviso to sub-rule (3) inserted by GSR 96, dated 7-4-1988, w.e.f. 18-4-1988 Provided that where the expenditure has the approval of the Chairman, Fund Authority, the cheques value of which does not exceed Rs. 10,000 shall be signed by Silk Market Officer, Silk Exchange Officer, Bangalore, Member-Secretary, Fund Authority.

(4) The Chairman shall cause to be maintained, the accounts and other books and shall prepare an annual statement of accounts. He shall also cause the accounts of the Fund Authority to be audited annually by such persons as the State Government may direct. As soon as the accounts of the Fund Authority have been audited, the Chairman shall send a copy thereof together with a copy of the report of the Auditor thereof to the State Government.

(5) The Fund Authority shall comply with such directions as the State Government may after perusal of the report of the auditor thinks fit to issue.

(6) No sum shall be expended by or on behalf of the Fund Authority except for the purposes specified in the Act and unless included in the estimate or supplementary estimate which has been sanctioned by the Government or unless the amount payable by the Fund Authority under a decree or award of a Court:

Provided that in any case of unforeseen circumstances a sum not exceeding ten thousand rupees may be expended though not so included and in such a case the Chairman shall forthwith report to the State Government the circumstances in which such expenditure was incurred and source from which it is proposed to be met:

Provided further that any such expenditure shall be included in a supplementary estimate to be approved and sanctioned in the same manner.

(7) The Chairman shall, at a special meeting to be held not later than first day of February in each year lay before the Authority an estimate of receipts and expenditure of the Fund Authority for the year commencing on the first day of April then ensuing with such details and form as the Fund Authority shall, from time to time, direct.

(8) The Fund Authority shall consider the estimate so submitted to it and shall approve the same either unaltered or subject to such alterations as it thinks fit.

(9) The estimate approved by the Fund Authority shall be submitted to the State Government which may either sanction or disallow such estimate or any portion thereof and return the same for amendment. The Fund Authority shall forthwith amend the estimate so returned and shall re-submit the amended the estimate to the State Government. At any time during the year for which any estimate has been sanctioned, the Fund Authority may consider and approve supplementary estimates and submit the same to the State Government.

(10) The amount at the credit of the Fund Authority may be expended for the estimates or supplementary estimates sanctioned and in particular for the following.-

(a) the construction of buildings required to locate the cocoon markets and silk exchanges;

(b) for providing of necessary facilities in the cocoon markets and silk exchanges;

(c) fixation of the floor price of silk yarn by the Fund Authority from time to time; and

(d) providing of testing and grading of silkworm seed, cocoon and silk yarn.

Rule 17K Procedure for sale and transaction of-silk yarn

11. Rule 17-Kinserted by Notification No. CI2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996

(1) Every sale of silk yarn shall be through a sale Bill in Form 19.

(2) Every movement and possession of silk yarn issued for processing or convertion i.e., twisting, dyeing and weaving shall be through a wage memo in Form 20.

Rule 18 Appeals

22. Sub-rule (1) of Rule 18 substituted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 (1) Any person aggrieved by an order of the licensing authority may, within thirty days from the date of communication of the order, appeal to.-

(i) the State Government, in the case of an order passed by the Director;

(ii) the Director, in the case of an order passed by the Joint Director;

(iii) the Joint Director, in the case of an order passed by the Deputy Director;

(iv) the Deputy Director, in the case of an order passed by the Assistant Director.

33. Sub-rule (2) omitted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [(2) x x x x x.]

44. Sub-rule (2-A) inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 (2A) An appeal under sub-section (3) of Section 13 may be filed within thirty days from the date of communication of the order.

(3) An appeal under sub-rule (1)11. The words, brackets and figure "or sub-rule (2)" omitted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [x x x x x] 22. Inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [or sub-rule (2-A)] shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and shall be accompanied by a copy of the order appealed against.

(4) The Appellate Authority shall after giving an opportunity to the appellant to be heard, and after such enquiry as it may consider necessary, pass such orders on the appeal as it deems fit.

Explanation.-For purposes of sub-rules (1) and (2) an order shall be deemed to have been communicated on the date on which in the ordinary course the registered post would reach the applicant after the date of posting.

Rule 18A Allowances to members of the committees constituted under Sections 10 and 10-A

33. Rule 18-A inserted by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 The members of the committees constituted under Sections 10 and 10-A shall be paid travelling allowance and sitting fee at the rates specified in the Table below.-

Rule 19 Composition of offences

The following officers of the Sericultural Department will be empowered under sub-section (1) of S.14 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959 to deal with composition of offences.-

(1) The Director of Sericulture is empowered to compound any offence punishable under the Act.

(1A) 55. Substituted for the words "The Deputy Director" by GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 The Joint Director or the Deputy Director of Sericulture is empowered to compound any offences punishable under the Act.

66. Clause (2) substituted GSR 363, dated 20-12-1979, w.e.f. 20-12-1979 [(2) The Deputy Director and the Assistant Director of Sericulture are empowered to compound offences under , s.4 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.5 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.5A of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.6 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.7 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, clauses (a) and (b) of sub-section (1) of S.7 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959 and S.8A of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959.]

77. Clause (3) added by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [(3) The Sericultural Assistant is empowered to compound offences under S.3 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.4 of the Karnataka Silkworm Seed, Cocoon and Silk Yarn (Regulation of Production, Supply, Distribution and Sale) Act, 1959, s.5, 6 and 7(l)(a) of the Act.]

Rule 20 Procedure regarding seizure, etc

Any officer 11. Inserted by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [not below me rank of Sericultural Demonstrator] acting under clause (d) of sub-section (1) of Section 11 of the Act shall follow the following procedure, when any 22. Substituted for the words "silkworm or silkworm seed" by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [silkworm, silkworm seed or silkworm cocoons] 33. Inserted by Notification No. CI2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [silk yarn] including any vessel, receptacle, apparatus, package or covering in which such 44. Substituted for the words "silkworm or silkworm seed" by GSR 1.83, dated 18-6-1970, w.e.f. 19-6-1970 [silkworm, silkworm seed or silkworm cocoons] 55. Inserted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 [silk yarn] is contained is seized.-

(i) A mahazar shall be drawn by the officer in the presence of two or more respectable witnesses 66. A full stop inserted by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [.] 77. The words "of the locality" omitted by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [x x x x x]

(ii) The material seized 88. Substituted for the words "shall be sent" by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [shall be properly secured and identified and sent] at once to the nearest Government institution of the Department for safe custody and a report of the action taken shall be made to the official superior of 99. Substituted for the words "such officer" by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [such officer. If such officer is empowered under sub-section (2) of Section 15, he may lodge a complaint in the Competent Court.]

(iii) In the case of things which are in the opinion of the officer, subject to speedy and natural decay, the officer who seizes such things shall intimate his opinion to the officer to whom such things are sent and the said officer may destroy such things in the presence of two witnesses. A report in this regard shall be sent by him to his superior officer.

1010. Clause (iv) added by GSR 183, dated 18-6-1970, w.e.f. 19-6-1970 [(iv) In the case of silkworm seed and silkworm cocoons which in the opinion of the officer are subject to speedy and natural decay and if he has no time to obtain orders of the Court for disposal, the officer who seizes such things shall sell them in the nearest cocoon market and the sale proceeds shall be remitted to the Government Treasury.]

Rule 20A Condition for authorising private institutions or organisations to take up research and development

1111. Rule 20-A inserted by Notification No. CI 2 SLW 93(P), dated 6-12-1996, w.e.f. 6-12-1996 The Director may authorise private institutions or organisations to take up research and development subject to the following conditions.

(1) The private institution or organisation shall submit to the Director of Sericulture the details of the project.

(2) The organisation or institution shall have sound background of research to take up.-

(a) developing and evolving new high yielding/ disease resistant mulberry strains;

(b) evolving new silkworm races and disease resistant strains;

(c) production of cocoon of better quality and productivity;

(d) reeling of yarn and required machinery;

(e) control and eradication of pests and diseases.

(3) The Project shall be cleared and evaluated by a Technical Committee constituted by the Director of Sericulture in Karnataka.

(4) Progress made under each project shall be submitted to the Director of Sericulture once in six months from the date of approval of the project.

(5) The results of research shall be placed before the Technical Committee for evaluation before its release to the field.]

Rule 21 Power of Director

The Director may exercise any power conferred on any officer under these rules.

Rule 22 Repeal and savings

The Karnataka Silkworm Seed (Control of Distribution) Rules, 1953, and any other rules made under any of the Acts repealed by Section 19 of the Act are hereby repealed:

Provided that such repeal shall not affect.-

(a) the previous operation of the said rules or anything duly done or suffered there under; or

(b) any right, privilege, obligation or liability, acquired, accrued or incurred under the said rules; or

(c) any penalty, forfeiture or punishment Incurred in respect of any contravention of any of the provisions of the said rules; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if these rules had not been made.

APPENDIX 1 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM

FORM 1

The Karnataka Silkworm Seed

and Cocoon (Regulation of Production, Supply

and Distribution) Rules, 1960

Application

for a Licence for.

I.

Preparing disease free

silkworm seed.

II.

For rearing of silkworms

required for seed purposes.

III.

For conducting chawki rearings.

IV.

For

rearing of silkworms other than for seed purposes.

1. Name of applicant 2. Father's name 3. Address 4. Qualifications of the applicant as specified in Rule 11 5. (i) Name of the village (ii) Address (Description of the premises) (iii) The area proposed to be served 6. Description of seed operations or rearings for seed purposes or chawki rearings are carried on for which licence is sought.(a) Seed production. (i) Cross-breed race for commercial purposes (ii) Mysore race or Mysore race and crossbreed for commercial purposes Silkworm rearing for seed purposes (b) (i) Foreign races (ii) Mysore race (b1) Silkworm rearing for purposes other than seed purposes (c) Chawki rearing (i) Cross-breeds, (ii) Mysore race, or (iii) Mysore race and crossbreed. 7. Capacity for (a) Seed cocoons to be handled in the grainage at the time of both Foreign Race and pure Mysore (b) Silkworm rearings for seed purposes (b1) Silkworm rearing for purposes other than seed purposes (c) Brushing of chawkies at a time intended for future distribution 8 Is the application for renewal or for issue of fresh licence (if for renewal, mention previous licence number and date of expiry

Place

__________________

Date

___________________ Signature of the applicant

APPENDIX 2 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM

FORM 2

The Karnataka Silkworm Seed and Cocoon (Regulation of

Production,

Supply

and Distribution) Rules, 1960 Application for a Licence for Reeling Silk from

Silkworm Cocoons

1.. Name of applicant 2. Father's name 3. Address 4. Description of premises in which reeling is proposed to be carried on 5. Appliances employed for reeling 6. Number of charkas /basins installed 7. How long has the applicant been engaged in reeling 8. Particulars regarding the volume of business done during the three years prior to the date of application 9. If the applicant is a Silkworm Rearer himself the approximate weight of cocoons he produces in the year.

Place __________________

Date ___________________

 Signature of the applicant

APPENDIX 2A Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM

FORM 2A

Karnataka Silkworm Seed and

Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

Application

for a Licence for purchase of Silkworm Cocoons for Reeling silk

1. Name of the applicant 2. Father's name 3. Address 4. Village and description of premises in which reeling is carried on by the reeler 5. Number of Charakas/Basins installed 6. Licence No. with the date for the Reeling Establishment 7. Particulars regarding the quantity in weight of cocoons reeled by the applicant annually 8. If the applicant is a silkworm rearer, the approximate weight of cocoons he produces annually 9. The quantity in weight of cocoons the applicant purchases per annum 10. Area in which the applicant desires to purchase cocoons (Specify either cross-breed 7.0110 or Mysore seed zone) 11. Names and addresses of agents proposed by the applicant for operating in the cocoon market or markets to be allotted.

Date: _______________

Place:_______________ Signature of the applicant.

APPENDIX 3 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 3

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

LICENCE

(Not

transferable)

Granted to Sri

__________________________________son of Sri

____________________________________

Address ____________________________________________for the

purpose of preparing Disease Free Silkworm

Seed, Cross-breed/Pure Mysore/or both at the village of

____________________________________and to

serve the ____________________________________ (here

area may be inserted).

Signature and

designation of the

Licensing Officer

_______________________________________________________________________________________________

Conditions of the Licence

Every licensed seed preparer

shall comply with

the following conditions,

namely.

(a)

He shall prepare disease free laying only from the Pure

Mysore Silk

Seed Cocoons purchased from licensed seed rearer through an officer and foreign

race seed cocoons got from seed rearers; and in respect of pure Mysore seed cocoons purchased by him the seed preparer shall preserve the certificate issued in

Form 7 by the officer through whom

the seed cocoons were purchased.

(b)

He shall prepare disease free silkworm seed in accordance

with such methods as the Director may from time to time notify the

Karnataka Gazette.

(c)

He

shall sell the disease free layings only in the area mentioned in the licence.

(d)

He

shall maintain a record of the results of the rearing from the seed issued from his grainage. He

shall inspect the rearings from the seed distributed by him

when required by the silkworm rearer to whom seeds have been issued, and

record the results of

such inspections. He shall also furnish such

information in his possession

about the conditions of the crops and yields at such time and to such officer

as the Director may require.

(e)

He shall maintain

regular accounts in Forms 8,9 and 10.

(f)

He

shall, if so required by the Director or any Officer authorised by the Director, produce the accounts for inspection.

(g)

He

shall submit periodical returns in Form 11 within such time as the Director may require.

(h)

He

shall give intimation in writing to the nearest officer of the probable dates of receipt of

seed cocoons along with the dates of spinning of such seed cocoons by the silkworms, the

probable dates of

emergence of the moths from such seed cocoons and the probable dates of testing of

the moths which have emerged from such seed cocoons, and such intimation shall be given so as to

reach the officer concerned at least three days before the probable dates of receipt of such

seed cocoons, the probable dates of emergence of moths and the probable dates of testing of the

moths, as the case may be.

(i)

He

shall get the moths examined after they have laid eggs, by an officer authorised by the

Director, and shall not, subject to the decision under Rule 14, distribute eggs other than those

certified by such officer to be disease free. He shall destroy all eggs other than those certified to be disease

free in the presence of an Officer not below the rank of a Sericultural Demonstrator.

(j)

He

shall not change the location of the grainage except with the previous approval of the Director

or other officer authorised by the Director.

(k)

He

shall furnish a list of foreign race seed cocoon rearers attached to him.

(l)

He

shall buy foreign race eggs only from a Government Grainage and issue only such eggs

to the foreign race seed rearers attached

to the licensee.

Procedure on

death of Licensee

If a licensee dies, the person carrying on the business of

such licensee shall not be liable to any penalty under the Act for exercising

the powers granted to the licensee by the licence during such time as may

reasonably be

required to allow him to make an application for a licence in his own name.

Loss of

Licence

Where a licence granted under these rules is lost or

accidentally destroyed or mutilated, a

duplicate licence may be granted on payment of a fee of Rs. 2.

Payment of Fees

(1)

Every

application for grant or renewal of a licence under these rules shall be

accompanied by a treasury receipt showing that the proper fee has been paid into the local treasury

under the head of account "Sericulture Receipt".

(2)

If

an application for the grant of renewal of a licence is rejected the

fee paid shall be

refunded to the applicant.

APPENDIX 4 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 4

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

LICENCE

(Not

transferable)

Granted to Sri

____________________________________son of Sri _______________ address

___________for

the purpose of undertaking silkworm rearings of Foreign

Race/Pure Mysore

for purposes of seed.

Signature and

designation of the

Licensing Officer

_______________________________________________________________________________________________

Conditions of the Licence

Every licensed seed rearer

shall comply with the following conditions, namely.

(a)

He shall rear

pure race silkworm

seed obtained from Government Grainages or any

other source approved by the Director. The egg sheets of each lot of disease

free layings supplied to him should be preserved by him after brushing

the worms till the crop of that particular lot is completed and the cocoons

are disposed of.

(b)

He shall not transfer worms during the course of rearing

from one place to another or from one person to another without the permission

of the officer.

(c)

He shall comply with the instructions given from time to

time by the officers in the rearing of silkworms and permit them to inspect the rearings and

take worms for testing at every stage.

(d)

He shall allow the silkworms to spin on the mountages and

harvest the cocoons after the worms inside have crossed the

larval stage. He shall on no account retain cocoons for more than

four days after harvest without the written permission of the

officer.

(e)

He shall allow the officers to disinfect the rearing

apartment and the appliance if found necessary and afford all facilities

for disinfection.

(f)

In the event of detection of any disease he shall allow

the officer to destroy any silkworm seed, or silkworm and disinfect

any vessel, receptacle, or

apparatus used in

its production, preparation,

storage or transport to prevent the spread of silkworm disease or to eradicate it.

Procedure on death of Licensee

If a licensee dies, the person

carrying on the business of such licensee shall not be liable to any

penalty under the Act for exercising the powers granted to the licensee by the

licence during such time as may reasonably be required to allow him to

make an application for a licence in his own name.

Loss of Licence

Where a licence granted under

these rules is lost or accidentally destroyed or mutilated, a duplicate licence may be

granted on payment of a fee of Rs. 2.

Payment of Fees

(1)

Every application for grant or renewal of a licence under

these rules shall

be accompanied by a Treasury receipt showing that the proper fee has been paid into the local Treasury under the head of

account "Sericulture

Receipts".

(2)

If an application for the grant or renewal of a licence is

rejected the fee paid shall be refunded to the applicant.

APPENDIX 4A The Karnataka Silkworm Seed and Cocoon (Regulation of Production Supply and Distribution) Rules, 1960

FORM 4A

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production

Supply

and Distribution) Rules, 1960

LICENCE

(Not

transferable)

No ______________ Date of expiry___________

Granted to Sri ____________ S/o. Shri __________________address ______________________ for the

purpose of undertaking silkworm rearings for production

of silkworm cocoons.

Signature and

Designation

of the Licensing

Authority.

_______________________________________________________________________________________________

CONDITIONS OF THE LICENCE

Every

licensed rearer shall comply with the following conditions.

(a)

he shall rear silkworm seed purchased from a licensed

seed preparer or chawki worms purchased from a licensed chawki rearer;

(b)

the egg sheets of each lot of disease free layings shall

be preserved by him after brushing the worms till the crop of that particular lot is completed

and the cocoon are disposed of;

(c)

he shall preserve the cash bill issued by the licensed

seed preparer or licensed chawki rearer towards the purchase of silkworm

eggs or chawki worms for a period of three months from

the date of issue of the bill;

(d)

he shall undertake disinfection of his rearing apartment

and rearing

appliances as and when it becomes necessary.

Procedure on death of Licensee

If a licensee dies, the person

carrying on the business of such licensee shall not be liable to any

penalty under the Act for exercising the powers granted to the licensee

during such time as may be reasonably required to allow him to make an

application for licence in his own name.

Less of Licence

Where the licence granted under

these rules is lost or accidentally destroyed or mutilated, a duplicate licence may be

granted on payment of a fee of Re. 1.

APPENDIX 5 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 5

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

LICENCE

(Not

transferable)

Granted to Sri _________________________________________

son of Sri ________address ____________ for

the purpose of conducting chawki rearings for further

distribution.

Signature and

designation of the

Licensing Officer

_______________________________________________________________________________________________

Conditions of the Licence

Every Chawki Rearer shall comply

with the following conditions, namely.

(I)

He

shall use only disease free silkworm laying prepared by a licensed seed preparer

and shall, on demand by an officer not below

the rank of Sericultural Demonstrator, produce the evidence mentioned in sub-rule (2) of Rule 3.

(II)

He shall maintain a register in Form 12 which he shall,

if so required

by an officer, produce for inspection.

Procedure on death of Licensee

If a licensee dies, the person

carrying on the business of such licensee shall not be liable to any

penalty under the Act for exercising the powers granted to the licensees

by the licence during such time as may reasonably be

required to allow him to make an application for a licence in his own name.

Loss of Licence

Where a licence granted

under these rules is lost or accidentally destroyed or mutilated, a duplicate licence may be

granted on payment of a fee of Rs. 2.

Payment of Fees

(1)

Every application for grant or renewal of a licence under

these rules shall

be accompanied by a Treasury receipt showing that the proper fee has been paid into the local Treasury under the head of

account "Sericulture Receipt".

(2)

If an application for the grant or renewal of a licence is

rejected the fee paid shall be refunded to the applicant.

APPENDIX 6 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 6

The Karnataka Silkworm Seed

and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

LICENCE FOR REELING

(Not

transferable)

Granted to Sri _________________________________________ son of Sri _____________________________

Address________________________

description of

premises______________________________________number of

Charkas/Filature

Basins/Cottage Basins permitted to be worked

_______________________________________________

Licence current from (date) _____________________________________

to (date) _______________________

Signature and designation of the

Licensing Authority.

_______________________________________________________________________________________________

Conditions of the Licence

Procedure

on death of Licensee

If a licensee dies, the person carrying on the business

of such licensee shall not be liable to any penalty under the Act for exercising the powers

granted to the

licensee by the licence during such time as may reasonably be required to allow him to make an application

for a licence in his own name.

Loss of Licence

Where a licence granted under these rules is lost or

accidentally destroyed or mutilated, a

duplicate licence may be granted on payment of a fee of Rs. 2.

Payment of Fees

 Every application for grant

 or renewal of a licence under these rules shall be accompanied by a Treasury receipt showing that the proper

fee has been paid into the local

Treasury under the head of account "Sericulture Receipt".

 If an application for the

 grant or renewal of a licence is rejected the fee paid shall be refunded

 to the applicant.

APPENDIX 6A The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 6-A

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

Licence for purchase of Silkworm Cocoons for Reeling (Not Transferable)

Granted to Sri ____________________

son of Sri _________________________________ Address__________

Licensee is permitted to purchase silkworm cocoons for

reeling at the cocoon

market in the cross-breed/Mysore Seed Zone _____________in the manner prescribed under

rules. In his absence the following agents proposed by him in his application are permitted to operate in

the markets:

1.

2.

3.

Licence current from (date)______________________________ to (date)_________________

Date: ___________________ Signature

and Designation of the

Place:_____________ Licensing

Authority

_______________________________________________________________________________________________

CONDITIONS OF THE LICENCE

Every person licensed for

purchase of silkworm cocoons for reeling] shall comply with the following conditions, namely.

(i)

He or the

agents authorised by him and approved by the Licensing Authority shall operate only in the

cocoon market or markets allotted to him in the licence.

(ii)

He shall not

remove cocoons acquired by him to any area in which Sections 6, 7 and 8 are not in force,

unless covered by a permit issued in Form 7-A.

(iii)

The person licensed for purchase of silkworm cocoons for reeling

or in his absence his authorised agent approved by the

(iv)

Licensing Authority shall only bid in the Market or

Markets allotted

to the licensee.

(v)

The person

licensed for purchase of silkworm cocoons for reeling] or his

authorised agent approved by the Licensing Authority shall abide by the

conditions laid down for transaction involving sale or purchase of

cocoons in the cocoons market.

(vi)

He shall not acquire cocoons otherwise than by purchase

in the cocoon

market allotted to him.

(vii)

He shall maintain true and correct accounts relating to

the purchase of

cocoons in the cocoon Market and its disposal.

(viii) He shall, if so required by

an officer, produce the accounts for inspection.

Procedure on

death of Licensee

If a licensee dies, the person

carrying on the business of such licensee shall not be liable to any penalty

under the Act for exercising the powers granted to the

licensee by the licence during such time as may reasonably be required to allow

him to make an application for a licence in his own name.

Duplicate

Licence

Where a licence is lost or accidentally destroyed or

mutilated, a duplicate

licence may be granted on payment of fee of Rs. 2.

Payment of fees

(1)

Every application

for grant or renewal of a licence

shall be accompanied by a Treasury receipt showing that the proper

fee has been paid into the local Treasury under the head of account

"Sericulture Receipts".

(2)

If an application for the grant or renewal of a licence is

rejected the fee

paid will be refunded to the applicant.

APPENDIX 6B Register of Licences

FORM 6B

[See

Rule 5(5)]

Register of Licences

Sl.No. Name and address of the person to whom a licence is granted Category of Licence granted to him and its number If the licence is for reeling, state the number of charakas / cottage basins / filature basins Date of issue Date of expiry Signature of the Licensing Authority] (1) (2) (3) (4) (5) (6) (7)

APPENDIX 7 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 7

The Karnataka Silkworm Seed

and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

Certificate for purchase of

seed cocoons

Sri

___________________________Licensed Seed Preparer ______________________of __________________

has

Purchased ____________________________________________ Mysore

Race Seed Cocoons Spun on______________

From _________________Range of ______________________________________

Circle and he is permitted to transport

the above seed cocoons from _________________ to ______________________________________

.This permit expires

on

___________________

Date __________________ Signature and designation of

the

Range Officer

APPENDIX 7A The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM

7A

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

Certificate

for Transport of Reeling Cocoons Purchased

Shri ___________________licensed

buyer of ________________________ has purchased _________ cocoons

in

the Cocoon Market ______________________ Taluk________________________District

_________ and is permitted to

transport the above from _________________ to ___________________________

 This permit expires on ___________

Station: ________________

Dated: ________________ Signature and Designation of the Officer.

APPENDIX 7B The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM 7B

The

Karnataka Silkworm Seed and Cocoon (Regulation of Production,

Supply

and Distribution) Rules, 1960

Certificate for Transport of Silkworm Cocoons purchased in Cocoon Market

Shri ___________________________ has purchased _____________________________ cocoons in the

cocoon market ___________________________Taluk _____________________________________________District

____________________________________________________________

and is permitted to transport the above from

______________________to________________________. This permit expires

on______________________

Station: _________________________ Signature

and Designation of the Officer.

Dated: ______________________

APPENDIX 8 Preparation Register

FORM 8

Preparation Register

Preparation lot No. Qty. of cocoons preserved Date of Moth Emergence No. of pairs Cross-Breed Seed Cocoon Register Lot No. Karnataka Foreign

No. of moths examined Date of examination Results of Examination No.of D.F.Ls. obtained Remarks P. Fl. D. Sm. Total

APPENDIX 9 Layings Disposal Register

FORM 9

Layings Disposal Register

Preparation Register Lot No. Date of Disposal No. of layings disposed Name Rate Cost Cash BillNo. Signature of the Rearer Yield obtained Remarks

APPENDIX 10 Seed Cocoon Register

FORM 10

Seed Cocoon Register

Date of Purchase Date of mounting Race Quantity purchased Karnataka Foreign Karnataka F.R. (1) (2) (3) (4)

Date of Pupae Test Result of pupae Test Initials of the testing officer Quantity kept for seed Remarks (5) (6) (7) (8) (9)

APPENDIX 11 Report of work done by the seed preparer during the month of...

FORM 11

Report

of work done by the seed preparer during the month of.

Lot No. No. of layings prepared during the month No. of layings disposed during the month Remarks (1) (2) (3) (4)

APPENDIX 12 Register showing the disease free layings purchased and hatched for Chawki rearing and their disposal

FORM 12

Register

showing the disease free layings purchased and hatched for

Chawki

rearing and their disposal

Serial number Name of month Lot No., date of laying of the D.F.Ls. with the name of the grainage No. of D.F.Ls. obtained for brushing Price paid for the D.F.Ls. Date of brushing (1) (2) (3) (4) (5) (6)

Name of the rearer to whom chawkies were sold No. of D.F.Ls. in chawki condition Date of sale Price for which sold Voucher numberand date Remarks (7) (8) (9) (10) (11) (12)

APPENDIX 13 Daily Transaction Register of the Government Cocoon Market at...for the month of...

FORM 13

Daily

Transaction Register of the Government

Cocoon Market

at..for the month of..

Sl. No. Lot number and date Name of the rearers bringing the cocoons to the market Quantity (in gms.) of cocoons brought to the market Age of the cocoons Rate at which sold (1) (2) (3) (4) (5) (6)

Market fee recovered Name of the licensed buyer with Licence No. Date of sale Signature of the buyer Signature of the rearer Signature of the market officer Remarks (7) (8) (9) (10) (11) (12) (13)

APPENDIX 14 FORM

FORM 14

Authorisation issued by the

Director of Sericulture/Deputy Director of Sericulture/Assistant Director of

Sericulture/Sericultural Assistant for possession of Silkworm seed.

I, Shri

____________________________________________Director of Sericulture/Deputy

Director of Sericulture/

Assistant Director of Sericulture/Sericultural Assistant Department of Sericulture, Government of Karnataka,

hereby authorise

Sri _________________Designation _________________ Jurisdiction _____________________to be in possession of

Silkworm Seeds in connection with his official business.

Seal of Office

Station

_______________

Dated _______________ Director

of Sericulture

Deputy Director of

Sericulture

Assistant Director of

Sericulture

Sericultural Assistant".

APPENDIX 15 The Karnataka Silkworm Seed and Cocoon (Regulation of Production, Supply and Distribution) Rules, 1960

FORM

[See Rule 17(6)]

FORM 15

[See

Rule 17(6)]

The Karnataka Silkworm Seed and Cocoon (Regulation of

Production,

Supply

and Distribution) Rules, 1960

Receipt

for cocoons received for storage

Receipt No._________________ Date_____________